Journal ArticleDOI
Judicial review and coordinate construction of the constitution
James Meernik,Joseph Ignagni +1 more
TLDR
In this paper, a Congress-centered model of coordinate construction of the Constitution is proposed to predict when legislation, that would reverse a decision of the Supreme Court, is brought to a vote in Congress.Abstract:
Theory: A Congress-centered model of coordinate construction of the Constitution is proposed to predict when legislation, that would reverse a decision of the Supreme Court, is brought to a vote in Congress. Hypotheses: Decision reversal of Supreme Court cases striking down law as unconstitutional are a function of federal power concerns, presidential position, the type of law struck down, public opinion, and interest group pressure. Methods: A two-stage model suggested by Achen (1987) for modeling two interrelated, dichotomous outcomes is used. Results: We find that Congress often does reverse Supreme Court rulings and that public opinion, the position of the president, federal power concerns, and the type of law struck down have the greatest effect on the likelihood that reversal legislation will come to a vote in Congress and will be passed.read more
Citations
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Journal ArticleDOI
The Separation of Powers, Court Curbing, and Judicial Legitimacy
TL;DR: This article developed a formal model of judicial-congressional relations that incorporates judicial preferences for institutional legitimacy and the role of public opinion in congressional hostility towards the Supreme Court, finding that public discontent with the Court, as mediated through congressional hostility, creates an incentive for the Court to exercise self-restraint.
Journal ArticleDOI
Information and Judicial Review: A Signaling Game of Legislative-Judicial Interaction
TL;DR: In this article, a simple signaling game is developed in which a Legislature and a Court interact in seeking their own policy goals, where the Court's exercise of the judicial veto may (but not necessarily will) be informationally productive.
Journal ArticleDOI
Retrospective Voting in American National Elections.
Heinz Eulau,Morris P. Fiorina +1 more
Posted Content
The Rules of Inference
Lee Epstein,Gary King +1 more
TL;DR: The authors adapts the rules of inference used in the natural and social sciences to the special needs, theories, and data in legal scholarship, and explicate them with extensive illustrations from existing research.
Journal ArticleDOI
Congress, the Supreme Court, and Judicial Review: Testing a Constitutional Separation of Powers Model
TL;DR: In the context of judicial review of the constititutionality of federal legislation, tensions between the two branches are arguably at their peak as discussed by the authors, and two tracks to Congressional inference are tested: rational anticipation of the separation of powers model and a more boundedly rational institutional maintenance model.
References
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Book
Congress: The Electoral Connection
TL;DR: Mayhew argues that the principal motivation of legislators is reelection and that the pursuit of this goal affects the way they behave and the way that they make public policy as mentioned in this paper, and he argues that this is the case in many cases.
Book
The logic of congressional action
TL;DR: Arnab et al. as mentioned in this paper examined the influence of citizens' potential preferences, and argued that legislators also respond to these preferences in order to avoid future electoral problems, and showed how legislators estimate the political consequences of their voting decisions, taking into account both the existing preferences of attentive citizens and the potential preferences of inattentive citizens.
Related Papers (5)
A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases
Rafael Gely,Pablo T. Spiller +1 more